Olivier v. Houghton County Street-Railway Co.

The plaintiff’s intestate was injured, while riding in a wagon, through a collision with a street car. He was rendered unconscious, in which condition he remained until his death upon the succeeding day. The declaration contained four counts, two under what has been termed the “Death Act,” and two under the ‘ ‘ Survival Act. ” One of each charged ‘ ‘ gross negligence. ” It was not claimed that the deceased was chargeable with contributory negligence. Upon the undisputed fact that deceased lived until the following day, the court held that *368the death was not instantaneous, and excluded…